Breeders Pushing MA Bills to Regulate 501(c)3 Rescues
Massachusetts bills H. 3703 and H. 3704 are likely to mean much more state regulation of private animal shelters and rescues that are designated as 501(c)3 charities by the IRS. Â
Under these bills the state Department of Agricultural Resource (DAR) would have broad authority to issue "rules and regulations for the operation of shelter and rescue organizations operating or conducting business in the Commonwealth of Massachusetts".
Curiously, shelters and rescues that are not designated as 501(c)3s by the IRS would not be subject to such regulation.
Massachusetts rescues and shelters are already subject to some regulation under a 2005 Emergency Order that requires any rescue or shelter to register. The order also requires that any animal brought into the state must have a health certificate and is subject to a 48 hour isolation period. Following this isolation period, "each and every such animal to be examined by a Massachusetts licensed veterinarian who then, if appropriate, shall declare in writing that such animal is in good health and appears to be free of any infectious or contagious diseases or exposure thereto; appears to be free of any physical abnormalities which would endanger the animal, and is originated from an area not quarantined for rabies and has not been exposed to rabies".
There are also record keeping requirements.Â
DAR maintains a list of rescues and shelters that include approved isolation facilities.  Subsequent orders have expanded on the requirements for isolation facilities.
These bills have been proposed by Massachusetts Federation of Dog Clubs and Responsible Owners (MassFed), essentially breeders and pet owners who generally oppose animal welfare legislation. Â It's unlikely they are pursuing this legislation to benefit rescues and shelters. (Note at least 25% of animals that end up in rescues or shelters are purebred, produced by these very breeders.) Â
H.B. 3703, filed by state Rep. Bradford R. Hill, is in the Third Reading Committee in the Massachusetts House of Representatives. That means it could be scheduled at any time for a full vote by the House. H.B. 3704, filed by Rep. Kay Kahn, and which is identical, is still in a legislative committee.
Massachusetts Animal Coalition has told its members, " Most would probably argue that some regulation of shelters and rescues is a good thing (In fact, when MAC did a survey a few years ago, most MAC members did support some regulation). After all, we know there are people out there with good intentions who don't understand how to ensure proper animal health and welfare or have acted carelessly.
"However, it seems most entities are concerned about the broad scope of the bill, as well as the notion that this was put forth by MassFed, a group [of breeders] saying it represents entities and individuals who, it can be argued, are less regulated than shelters (shelters must register, as we know, with DAR and abide by the emergency order). In fact, many entities that deal with animals have fewer regulations: breeders, groomers, doggie daycares, etc. - so an obvious concern we have heard is -- why are shelters and rescues the subject of such broad regulations while these other entities are not?"Â
WHAT YOU CAN DO
Let Massachusetts legislators know how you feel about them allowing breeders to determine regulation for shelters and why breeders are not subject to regulation such as that in the bill that has been pending for over a year, S.B. 774.
Contact your Massachusetts state representative (you can find out who that is http://www.wheredoivotema.com/; look for rep in General Court). Â
Contact members in the Committee on Bills in the Third Reading (where
H. 3703 currently is):
Bills in the Third Reading
Room 20
State House
Boston, MA 02133
Telephone: (617) 722-2410Â
Members appointed to the committee (more info on them at
http://www.mass.gov/legis/comm/h36.htm; just click on their names for more contact info):
Rep. Vincent Pedone of Worcester - 508-791-7400 or ChairRep.VincentPedone@hou.state.ma.us
Rep. James T. Welch of West Springfield - Vice Chair - 413-737-7756 or Rep.JamesWelch@Hou.State.MA.USÂ
Rep. George N. Peterson, Jr. of Grafton - 508-839-1000 Rep.GeorgePeterson@hou.state.ma.us
If any of the members of the Third Reading Committee are your state representatives, be sure to let them know that when you write or call!




